header-logo header-logo

11 November 2011 / James Naylor
Issue: 7489 / Categories: Features , Property
printer mail-detail

In exile

James Naylor digs deeper into the events surrounding the Dale Farm evictions

It is relatively rare for judicial interpretation of a planning enforcement notice to become headline news, however, that is exactly what happened in the recent case of Patrick Egan v Basildon Borough Council [2011] EWHC 2416 (QB), [2011] All ER (D) 128 (Sep) or, as it is more popularly known, the Dale Farm travellers’ eviction.

Technicolor history

The matter has a colourful history. The green belt Dale Farm used to be a scrap yard, covered with hardstanding. In 1992, the council served 42 enforcement notices requiring the removal of the hardstanding and unauthorised fencing. On 18 April 1997, the council internally reported that “compliance with the notices was subsequently achieved”.

Then, in 2001, a number of current residents purchased Dale Farm, which, despite the council’s report, mystifyingly remained part-covered by hardstanding.

Between 28 March 2002 and 17 December 2004, the council issued further enforcement notices (the subject of this litigation). The notices required, among other things: removal of the hardcore and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll